Let go from a job due to medical issue
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Let go from a job due to medical issue
My husband is a diabetic, he was recently working at a job via a temporary service the job was a contract to hire position. He had an issue with low blood sugar and the employer assumed he was under the influence. He explained to his employer that he is a diabetic and is having a low blood sugar episode and that he needed to get his blood sugar elevated. The employer would not believe him and escorted him out of the building and informed the temporary agency that he was not to return even after the temporary agency confirmed with the employer that yes he is a diabetic and no he was not under the influence. Was this a wrongful termination and does he have a case here or not?
Asked on January 20, 2017 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It may well be a wrongful termination and disability-based or -related discrimination: employers are not allowed to discriminate against employees due to medical conditions, and must make reasonable accommodations to their conditions. There are some exceptions:
1) If this happened several times, so that your husband was obviously not managing his condition effectively, he could be let go for his failure to manage his medical condition, leading to incidents at work.
2) If his position was one where an impairment of thinking, judgment, attenton, etc. could be hazardous (e.g. he is an equipment operator or driver), they could terminate him because they are not required to take that risk.
But if this is not 1) or 2) above, he may have a viable claim for employer-related discrimination, and should contact the federal EEOC to see about filing a complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.